King v. Allstate Insurance Company
Filing
31
PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 5/24/2011. (erv, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00103-WJM-BNB
DENNIS W. KING, Colorado resident and U.S. Bankruptcy Trustee for bankrupt SHERI L.
LAUK, a Colorado resident,
Plaintiff,
v.
ALLSTATE INSURANCE COMPANY, a foreign corporation,
Defendant.
PROTECTIVE ORDER
Upon a showing of good cause in support of the entry of a protective order to protect the
discovery and dissemination of confidential information or information which will improperly
annoy, embarrass, or oppress any party, witness, or person providing discovery in this case, IT IS
ORDERED:
1.
This Protective Order shall apply to all documents, materials, and
information, including without limitation, documents produced, answers to
interrogatories, responses to requests for admission, deposition testimony, and other
information disclosed pursuant to the disclosure or discovery duties created by the
Federal Rules of Civil Procedure.
2.
As used in this Protective Order, “document” is defined as provided in
Fed. R. Civ. P. 34(a). A draft or non-identical copy is a separate document within the
meaning of this term.
3.
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law and statutory privacy interests of Sheri L. Lauk
and her family members, Allstate, its employees, and its policyholders and other
customers. 45 C.F.R. § 164.508 (prohibiting disclosure of medical information of
patients); C.R.S. § 25-1-1202 (providing an index to all Colorado laws regarding medical
record confidentiality); 15 U.S.C. § 6801 et seq. (providing that financial institutions
have an affirmative and continuing obligation to respect the privacy of their customers
and to protect the security and confidentiality of those customers’ nonpublic personal
information); Corbetta v. Albertson’s, Inc., 975 P.2d 718, 720-21 (Colo. 1999)
(recognizing the confidentiality of employee information); Fed. R. Civ. P. 26(c)(1)(G)
(recognizing that trade secrets and commercial information may be subject to a protective
order). CONFIDENTIAL information shall not be disclosed or used for any purpose
except the preparation and trial of this case.
4.
CONFIDENTIAL documents, materials, and/or information (collectively
“CONFIDENTIAL information”) shall not, without the consent of the party producing it
or further Order of the Court, be disclosed except that such information may be disclosed
to:
(a)
attorneys actively working on this case;
(b)
persons regularly employed or associated with the attorneys actively working on
the case whose assistance is required by said attorneys in the preparation for trial,
at trial, or at other proceedings in this case;
(c)
the parties and designated representatives for the entity defendant;
(d)
expert witnesses and consultants retained in connection with this proceeding, to
the extent such disclosure is necessary for preparation, trial or other proceedings
in this case;
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(e)
the Court and its employees (“Court Personnel”);
(f)
stenographic reporters who are engaged in proceedings necessarily incident to the
conduct of this action;
(g)
deponents, witnesses, or potential witnesses; and
(h)
other persons by written agreement of the parties.
5.
Prior to disclosing any CONFIDENTIAL information to any person listed
above (other than counsel, persons employed by counsel, Court Personnel and
stenographic reporters), counsel shall provide such person with a copy of this Protective
Order and obtain from such person a written acknowledgment stating that he or she has
read this Protective Order and agrees to be bound by its provisions. All such
acknowledgments shall be retained by counsel and shall be subject to in camera review
by the Court if good cause for review is demonstrated by opposing counsel.
6.
Documents are designated as CONFIDENTIAL by placing or affixing on
them (in a manner that will not interfere with their legibility) the following or other
appropriate notice: “CONFIDENTIAL.”
7.
Whenever a deposition involves the disclosure of CONFIDENTIAL
information, the deposition or portions thereof shall be designated as CONFIDENTIAL
and shall be subject to the provisions of this Protective Order. Such designation shall be
made on the record during the deposition whenever possible, but a party may designate
portions of depositions as CONFIDENTIAL after transcription, provided written notice
of the designation is promptly given to all counsel of record within thirty (30) days after
notice by the court reporter of the completion of the transcript.
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8.
A party may object to the designation of particular CONFIDENTIAL
information by giving written notice to the party designating the disputed information.
The written notice shall identify the information to which the objection is made. If the
parties cannot resolve the objection within ten (10) business days after the time the notice
is received, it shall be the obligation of the party designating the information as
CONFIDENTIAL to file an appropriate motion requesting that the Court determine
whether the disputed information should be subject to the terms of this Protective Order.
If such a motion is timely filed, the disputed information shall be treated as
CONFIDENTIAL under the terms of this Protective Order until the Court rules on the
motion. If the designating party fails to file such a motion within the prescribed time, the
disputed information shall lose its designation as CONFIDENTIAL and shall not
thereafter be treated as CONFIDENTIAL in accordance with this Protective Order. In
connection with a motion filed under this provision, the party designating the information
as CONFIDENTIAL shall bear the burden of establishing that good cause exists for the
disputed information to be treated as CONFIDENTIAL.
9.
At the conclusion of this case, unless other arrangements are agreed upon,
each document and all copies thereof which have been designated as CONFIDENTIAL
shall be returned to the party that designated it CONFIDENTIAL, or the parties may
elect to destroy CONFIDENTIAL documents. Where the parties agree to destroy
CONFIDENTIAL documents, the destroying party shall provide all parties with an
affidavit confirming the destruction.
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10.
This Protective Order may be modified by the Court at any time for good
cause shown following notice to all parties and an opportunity for them to be heard.
Dated May 24, 2011.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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